Tennessee Dad Not Required to Write Blank Check for College Tuition

Tennessee law case summary on college costs in Tennessee divorce and family law from the Tennessee Court of Appeals.

James Kent Plyant vs. Karen Cardin Spivey – College Costs for Tennessee Parents Limited to Reasonable Amount Given Father’s Income

The Father, James Kent Plyant, won a victory on appeal that capped the upper limit of his college expense obligation.  The Mother, Karen Cardin (Plyant) Spivey, sought contribution from the Father towards the costs of their daughter attending Vanderbilt University, an expensive, private college, costing more than $35,000 per year.  The Parties’ daughter intended to pursue opera.

The Parents were divorced in 1982 and the decree included a property settlement agreement.  The contract included a provision that read “That the plaintiff [Father] shall be responsible for the college education of the minor child even above and beyond the age of 18 years old at the college of the minor child’s choice.”  Nineteen years later, the court noted that the Father had “saved nothing to help him pay for his daughter’s education.”

The Mother was portrayed by the court as prosperous, holding a one-third interest in her family’s business, Cardin Distributing Company.  The Mother had an $80,000 per year income and owned investment property.  The Mother’s current husband, also employed at the family business, drew a salary of $150,000 per year.

While the Father worked at the Cardin family business during the Parties’ marriage, earning $70,000 per year, after the divorce, he held fourteen different jobs, earning from $10,000-$70,000 per year.  His average income was found to be $34,000 per year.  The Father had invested in a business, which failed, and he lost his investment.  At the time of the hearing, the Father was earning $50,000 per year at At-Tech Solutions, and was married to a woman earning $41,000 per year at Cypress Communications.  The Father and his current wife had a child, aged three, at the time of the trial.

The Court of Appeals decision set out considerable detail on whether the Parents had spoken to each other about the choice of college and whether either or both of the Parents had spoken to their daughter about the reasonableness (or not) of the cost of tuition at Vanderbilt.  The daughter had done well in high school and in college admissions testing, and, in addition to multiple admission acceptances, she won a full academic scholarship to Middle Tennessee State University.

The daughter testified that during her college search and application process, the Mother said she could afford Vanderbilt, and that if it was the place for her, then she should go there.  The Child apparently “…guessed that her mother was actually paying for Vanderbilt.”

Clearly, there could be no ambiguity that the divorce agreement provision made the Father liable for the Child’s college education and gave her control over the college selection.  Fortunately for the Father, the court took the approach that “Our review of decisions regarding agreements to pay for college reveals that this court has consistently held that such an obligation is subject to an implied condition of reasonableness, at least where no specific college or amount of expenses is set forth.”  The decision sets out a general rule that a parent’s ability to pay is an “important consideration” in quantifying the reasonableness of the monetary contribution, both at the time of making the original agreement and at the time of the current trial.

The case was remanded back down to the trial court for the Parties to present evidence on the costs of public colleges, in and out-of-state and also the cost of colleges suggested by the Father to his daughter during her college selection process.  And, in its last word on the subject, listed in the final footnote, the Court of Appeals noted that it was receptive also to proof from a financial aid officer or other, qualified witness, as to the amount of available aid based upon the Father’s income and resources.

No. M2002-00602-R3-CV (Tenn. Ct. App. 2003).

See original opinion for exact language.  Legal citations omitted.

For more information, see College Tuition & Costs in Tennessee Child Support Laws and Tennessee Child Support Answers to FAQ’s.  For legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category.  A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation about Tennessee child support, call us today at (901) 683-1850.